Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 3 June 2020 at 14:31)
Part 39 Division 1 Rule 39.12
39.12   Suspension of execution by judgment creditor
(cf DCR Part 34, rule 8; LCR Part 30, rule 7)
(1)  If, at any time before property is seized under a writ for the levy of property, the judgment creditor—
(a)  requires the Sheriff, by notice in writing, to suspend execution of the writ, or
(b)  requires the Sheriff, by a subsequent notice in writing, to resume execution of the writ,
the Sheriff must comply with the requirement.
(2)  If, at any time after property is seized under a writ for the levy of property, the judgment creditor (having entered into an arrangement with the judgment debtor with respect to the Sheriff’s withdrawal and re-entry into possession of the property and notified the Sheriff of the arrangement)—
(a)  requires the Sheriff, by notice in writing, to withdraw from possession of the property and suspend execution of the writ, or
(b)  requires the Sheriff to re-enter into possession of the property and resume execution of the writ,
the Sheriff must comply with the requirement.
(3)  If, at any time after property is seized under a writ for the levy of property, the judgment creditor (not having notified the Sheriff of an arrangement referred to in subrule (2)) requires the Sheriff, by notice in writing, to withdraw from possession of the property and suspend execution of the writ, the judgment creditor is taken to have abandoned the execution, and the Sheriff must withdraw from possession of the property.
(4)  For the purposes of subrule (3), a request to postpone the sale of property under a writ for the levy of property is not a request to withdraw from possession of the property or to suspend execution of the writ.
(5)  The Sheriff’s duty under this rule to resume execution of a writ for the levy of property (the original writ) is subject to the Sheriff’s duties under this Part with respect to any other writ for the levy of property that had been issued against the same judgment debtor when execution of the original writ was suspended and, for that purpose, any other such writ is to be executed, and the proceeds of sale dealt with, as if that other writ had been received by the Sheriff before the original writ.